Western Australian Current Acts

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FAMILY PROVISION ACT 1972 - SECT 4

4 .         Terms used

        (1)         In this Act, unless a contrary or other intention appears —

        administration has the same meaning as it has in the Administration Act 1903 ;

        administrator means any person to whom probate of the will of a deceased person is granted, or to whom administration is granted; and includes the Public Trustee, in any case where he is deemed to be an executor or administrator by reason of having filed an election to administer, and any administrator appointed by direction of the Court in accordance with section 18;

        child in relation to any person or persons includes an illegitimate child;

        Court means the Supreme Court, or a judge;

        grandchild in relation to any person or persons includes an illegitimate child of a child of that person;

        stepchild means a person who was alive on the date on which the deceased married or entered into a de facto relationship with a parent of the person but who is not a child of the deceased;

        will includes a codicil and any testamentary disposition.

        (2)         In any proceedings under this Act a matter of fact shall be taken to be proved if it is established to the reasonable satisfaction of the Court.

        (3)         Where a provision of this Act requires the Court to be satisfied of the existence of any ground or fact or as to any other matter, it is sufficient if the Court is reasonably satisfied of the existence of that ground or fact or as to that other matter.

        (4)         For the purposes of this Act, other than for the purposes of section 7(1)(e), the relationship between a parent and a child and any other relationship traced in any degree through that relationship, shall be recognised only if parentage is admitted by or established against the parent in the parent’s lifetime.

        (4a)         Subsection (4) does not apply to or in relation to a relationship established by the Artificial Conception Act 1985 .

        [Section 4 amended: No. 3 of 2002 s. 80; No. 28 of 2003 s. 92; No. 27 of 2007 s. 25; No. 48 of 2011 s. 5 (as amended: No. 41 of 2012 s. 4).]



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